Florida Civil Statute of Limitations Laws

Civil statutes of limitations give deadlines (limitations period) for prospective claimants to file a civil lawsuit. For example, if a person intentionally hits you, you may have a cause of action for battery.

Every state has statutes of limitations for civil cases, criminal cases, and defective products. Florida is no different. Florida’s statute of limitations covers various cases, so the limitations periods vary. If you file a lawsuit after the Florida statute of limitations expires, you risk dismissal of your case.

Civil statutes of limitation encourage the speedy administration of civil cases by ensuring plaintiffs file timely lawsuits.

Civil Statutes of Limitations

Without statutes of limitations, prospective claimants would have an indefinite amount of time to file a civil lawsuit. That is unfair to prospective defendants anticipating a lawsuit. Without statutes of limitations, potential lawsuits would hang over a prospective defendant’s head indefinitely and unfairly.

These laws also help ensure the integrity of testimony, physical and testimonial, which degrade over time. Many civil cases, like personal injury cases, originate in intentional torts. An intentional tort happens when one person intentionally harms another person. Battery is an excellent example of an intentional tort. Battery is an intentional, nonconsensual touch, like a slap. Other civil cases, like car accidents, originate from negligent torts, where the alleged perpetrator owes the injured party reasonable care.

Some intentional torts, like battery or assault, have equivalents under criminal law. But only a prosecutor can bring criminal charges.

Timing

Civil statutes of limitations have different deadlines or time periods for different civil wrongs. This is true of Florida law. For example, Florida distinguishes between general professional malpractice and medical malpractice. The time frame to file a lawsuit for general professional malpractice is two years, whereas medical malpractice has a two- to four-year statute of limitations.

Prospective claimants should understand when the clock starts with many statutes of limitations. Typically, the statute of limitations begins to accrue when the triggering incident occurred or when the claimant discovered the harm. So, if you find out your business partner breached a written contract (with you), then the statute of limitations for a breach of contract action would start on the day you discovered the breach.

If you sustained personal injuries in a car accident, the statute of limitations to file a personal injury claim, the clock starts on the accident date.

Florida Civil Statutes of Limitations

Florida’s civil statutes of limitations are relatively straightforward. Each statute covers a specific harm and has a corresponding time frame for filing a legal action.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Help

Statutes of limitations are essential to your potential case or personal injury lawsuit. If you file a lawsuit after the statute of limitations expires, the court will likely dismiss your case. As noted above, Florida’s civil statutes of limitations differ based on the underlying harm. A qualified Florida personal injury lawyer can help you calculate the applicable statute of limitations. Speak to a Florida personal injury attorney today.